Live Birth Bars Mom’s Emotional Harm Claim, NY Judges Say

Law360, New York (December 14, 2016, 11:37 PM EST) -- A New York state appeals court affirmed a lower court’s decision on Wednesday to reject a woman’s emotional harm claim over the death of her daughter shortly after birth, saying precedent bars the mother’s lawsuit even if her baby never gained consciousness.

Anneya Ward sued Dr. Chista Safajou and Vassar Brothers Hospital, among others, when her infant daughter Ahstarr Nugent died eight days after delivery in 2007. A judge in Putnam County ruled against Ward in 2014, saying that New York malpractice law doesn’t allow a...